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1st credit and first direct


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some 7 years ago, i had a loan with first direct.

 

the loan wasn't paid as moved home, no money the usual and then pow!!! a year ago, 1st credit had obviously traced me on thier behalf and started to demand money.

 

i'm on a debt managemant plan and they were one of the first to accept regular payments from me, but just recently they've been sending out the letters - first they were going to make me bankrupt then now they notice i've got a mortgage and will put some sort of order against my home !! how kind! even though i've been paying them reqularly through my debt company.

 

is it all just 'hot air' as i keep being advised - can these people really keep threatening to do this to me ?

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I would send out a CCA Becky....to see what comes back....have a read through these fantastic forums and you'll get the gist (if you didn't already)

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

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IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Subscribing...

 

Good luck and best wishes,

 

BB

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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is it all just 'hot air' as i keep being advised

Yes. In order to get a charging order the need first to get a CCJ. You can head them off at the pass by sending the CCA request. If they can't produce the copy of the agreement or if it doesn't comply with the Act they can't make a CCJ stick. If they can't make the CCJ stick they will never get a charging order on your home.

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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thank u all!!!

 

have found a cca letter and will send one out to these lovely people!!!!!!!

 

cant believe how much they get away with !!!

 

just wish the people that do my dent management thought to do the same!! could be saving me money!!!!!!!!!

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Becky,

Are you paying for your debt management plan? Or are you with a charity like CCCS?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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unfortunatley the plan came with a cost - purely because was totally panicking at the time! got 2 small kids and didn't want them to end up with nothing!

 

which i thought people like these debt chasers had the power to do what they liked basically!

 

i'm also chasing up my bank charges now because been spending last few years robbing peter to pay paul and getting charges from everyone left right and centre! - been bit daft i'm sorry to admit. now i'm in this plan paying off thousands.

 

now its their turn for me to get tough with them!!!!!!!

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Guest Fallenangel
I doubt wether they have a CCA or any written agreements.

 

1st Direct have informed me that anything over six years old they destroy.

 

Which means that 1st Credit won't have anything either!

 

Is that true??....

 

I have an old loan from first direct , from 1998 that I defaulted on in 1998, and now the lovely MCS have the account and, although I am paying every month they still send letters like " get in touch within the next 48 hours or it will be too late to avoid action" etc.....

 

Its for about 4K and am now thinking it would be a good idea to CCa them too....would they have doccuments from 1998???

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Yes definately CCA them immediately FA......

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Is that true??....

 

I have an old loan from first direct , from 1998 that I defaulted on in 1998, and now the lovely MCS have the account and, although I am paying every month they still send letters like " get in touch within the next 48 hours or it will be too late to avoid action" etc.....

 

Its for about 4K and am now thinking it would be a good idea to CCa them too....would they have doccuments from 1998???

 

Oh it's true. I have the letter in a secure location just in case they come back hunting again!

 

It's worth a CCA request and maybe even a SAR. 1st Direct didn't even cash my cheque for the SAR.

 

It's worth sending a letter and £1-00 for the CCA.

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Guest Fallenangel

Ok thanks for that I will send one. GOD I WISH I had found this site YEARS ago.....the family and I have suffered for neigh on ten years with debt, butit looks like things are gunna change!!!

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Fallen try and relax a little you are amongst some fantastic people here...I have the same attitude as you, I wished I'd have found this site ages ago....please do read through these forums as you get time you will certainly get to know more and more.....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Guest Fallenangel
Fallen try and relax a little you are amongst some fantastic people here...I have the same attitude as you, I wished I'd have found this site ages ago....please do read through these forums as you get time you will certainly get to know more and more.....

 

Am trying to relax, honest!!!:p

 

First credit have already taken me to court (2003/04) so I know what they are like..... and got a forthwith judgement against me for £3K. I had NO IDEA at that time what I was dealing with and paniced and paid it off.....it cleared me out completely but they had harrassed and scared me THAT much that I dint know what else to do!.....if ONLY!!........

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Fallenangel,

Could you please start your own thread on this. That way you'll get more help and it is fairer to the OP.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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thanks fallen angel - im like you !! let them bully us - time to bully them right back !

 

good luck

 

thanks everyone for your advice, ur all stars!:)

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so today i had a litigation letter from 1st credit.

 

they're going to proceed against me unless i arrange a monthly instalment plan (i've been paying them since last year every month) or have a substantial reduction and pay a lump sum to them - love to !

 

so i call up the people that are meant to help and they say post the letter in - i ask what they've done since the last letter i had from them and they said - nothing just wait until they start to do something legal! - gee thanks let it get worse then act eh!

 

so i ask - cant i get a cca ? and she says yes they have to respond in a month!!! what !! thought 12 days??? and you have to send the request to the person that you had the debt with originally !! so do i ask first direct for the copy or first credit who they have now sold the debt to ?

 

she said let us know how you get on - if they wont give copy you still have to pay but they cant put charge on the house!! ............. but then she wasnt sure if it got quashed instead!!!!!

 

i so wish i'd found this site first instead of applying for people to sit on their butts instead! making me look like im just burying head in sand!

 

any help sooooooooooooooooo appreciated all xxxxxx:confused:

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CCA 1st credit ASAP and head the letter in bold with 'I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY' enclosing a £1 postal order which is the statutory fee stating that this is payment for the CCA request and NOT to be used in payment against any alledged oustanding amount. Send recorded delivery or special delivery if you can afford it. Also ask for a full statement of your account which they have to supply free of charge.

 

The timescales for a CCA request are 12 + 2 working days, after which they default if they don't supply a true copy of your properly executed consumer credit agreement. At this time the account will be in dispute and they cannot ask you for any further payments. Then after a further calender month they commit a summary criminal offence if they do not supply your CCA. If this happens they cannot resume any debt collection activities unless they go to court with a proper CCA and get it re-instated.

 

Good luck,

 

BB

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"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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thanks so much babybear!! a great help !!

 

looks like get on with it all myself eh!! this letter on about making me sell the house and everything!!!

 

and them lot well.................................

 

going for bank charges, reckon might give the credit cards a blast too!!!!

 

really appreciate ur help x:)

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You're very welcome becky75 :)

 

Thanks for the lovely comment *hugs* :D

 

BB

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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If you don't have a CCA template leter already here's the link

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Letter N

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Send the CCA request today, not tomorrow or Monday. Do it now if you can!

 

Send it registered or guaranteed delivery and , very important this, check that it has been delivered using the Post Office Track & Trace.

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Hi there

I am having the same problem with 1st credit i have C.C.A,d them twice now and after being lied to on the telephone regarding none reciept of my letter regarding this matter.to which they responded to at my new address was laughable and they had also cashed the £5 cheque i had sent requesting the info.I am now writing another letter to request this info and am sticking to the 21 day deadline in my second letter to them.they have mentioned bankruptcy order they are applying to the court for but i dont think they can if they dont have legal ownership of the debt.

jackarl

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